Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD, SONI SHRIVASTAVA
Mithilesh Kumar Madhukar S/o Late Vishwanath Prasad @ Vishwanath Singh – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
RAJEEV RANJAN PRASAD, J.
I.A. No. 01 of 2024
1. This application has been filed seeking condonation of delay of 60 days in filing the present appeal.
2. Reasons have been shown in paragraph no.4 of the application wherein it is stated that due to Durga Puja holidays, the appellant could not obtain the certified copy of the judgment for the purpose of filing this appeal.
3. Taking note of the reasons shown and there being no opposition to the application for condonation of delay, we condone the delay in filing of the appeal.
4. I.A. No. 01 of 2024 is allowed.
Re: Cr. Appeal (DB) No. 392 of 2024
5. Heard learned counsel for the appellant, learned Additional Public Prosecutor for the State and learned counsel for the respondent nos. 2 and 3.
6. The present appeal arises out of the judgment of acquittal dated 18.10.2023 (hereinafter referred to as the 'impugned judgment'), passed by the learned Additional Sessions Judge-IV, Saran at Chapra (hereinafter referred to as ‘the learned Trial Court’) in Sessions Trial No. 117 of 2020, arising out of Mashrak P.S. Case No. 95 of 2018 dated 06.04.2018, whereby and whereunder the respondent nos. 2 and 3 have been acquitted of the charges levell
The importance of prompt lodging of FIR, credibility of witnesses, and the presumption of innocence in favor of the accused were central legal principles established in the judgment.
As the medical evidence does not support the manner of assault on the victim. It also lends support to the defence case, such a wound could not be possible looking to the position of the victim & per....
Delay in FIR and pre-FIR inquest not vitiating trial absent prejudice; reliable natural witness testimony, corroborated by medical/weapon evidence, suffices for murder conviction despite inconclusive....
Conviction for murder by unlawful assembly sustainable on reliable sole eyewitness to killing, corroborated by medical evidence and abduction witnesses, despite FIR delay, witness non-examination, an....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
